Illegal Reasons to Be Fired
New York is an at-will employment state, meaning that an employer can fire an employee for most reasons or for no reason at all. However, this law does not provide a company with free reign to discriminate or retaliate against its employees.
There are several reasons to be fired that are illegal, and an employer can face consequences for this activity. If you believe that your employer terminated you on wrongful grounds, you could pursue legal action against the company.
Discriminatory Reasons
Some forms of discrimination are legal in New York. For example, an at-will employer can fire you if he or she does not like the size of your body or the color of your hair. However, there are certain categories that are protected against employer discrimination.
If an employer fires you on the basis of any of the following characteristics, you could file a lawsuit against him or her for wrongful termination:
- Race
- Age
- Gender
- Sex
- Religion
- Disability
- Pregnancy status
- Ethnicity
- National origin
- Sexual orientation
Illegal Retaliation
It is also illegal for an employer to fire an employee in retaliation for engaging in a protected activity, such as filing a complaint against the company or acting as a whistleblower. For example, if you lodge a sexual harassment complaint and are fired as a result, the employer has committed an illegal act.
Under New York human rights law, the following activities are protected from retaliation, and an employer can face consequences if he or she fires you for engaging in them:
- Complaining about the sexual harassment of a fellow employee
- Encouraging another employee to file a sexual harassment claim
- Making a verbal complaint about sexual harassment to management
- Testifying or assisting with a formal sexual harassment proceeding
- Telling a supervisor or manager about an act of harassment
- Reporting that an employer violated public policy
- Filing a complaint regarding an Occupational Safety and Health Administration (OSHA) violation
Taking Protected Time Off
New York labor laws require employers to provide a certain amount of paid sick leave for employees every year. Additionally, employees are entitled to protected time off under the federal Family and Medical Leave Act (FMLA).
If you request time off in accordance with these policies, an employer cannot refuse the request or punish you in any way. If an employer fires you for being sick or needing to take care of a family member, you could file a claim against him or her for wrongful termination.
What to Do If You Experience Wrongful Termination
Both federal and New York labor laws protect employees from being fired for illegal, discriminatory reasons. If you believe that you were wrongfully terminated, you may be eligible to file a claim against your former employer.
In these cases, it is important to gather every relevant document as you can, including any complaints that you filed or correspondence regarding your termination. Then, bring this evidence to a New York wrongful termination lawyer who can assess your situation and help you identify your optimal legal pathway.
An employment attorney can fight for your right to a fair resolution and hold the employer accountable for illegal firing. As soon as possible after the termination, contact a lawyer to discuss your next steps.